BY: STAFF REPORT | BocaNewsNow.com
BOYNTON BEACH, FL (BocaNewsNow.com) (Copyright © 2021 MetroDesk Media, LLC) — A homeowner tripped and fell on a sidewalk in disrepair in the high-end 55+ community of Valencia Reserve. The HOA, according to the suit, knew the sidewalk was dangerous but was moving slowly to fix it, and did nothing to prevent homeowners from walking on it.
Now, the Valencia Reserve HOA is facing a lawsuit in excess of $30,000.
Homeowner Sheila Kresiberg, according to the suit, was walking in her community on January 8, 2021. The sidewalk “contained a ridged slope of 1-1/4-inch which caused her to lose her balance and fall to the ground. The area at issue is near a driveway to a utility holding area, which bisects the sidewalk, just south of the tennis courts. The sloped ridged area of the sidewalk was ‘out of the norm’ compared to the slope measured along the other parts of the sidewalk.”
The suit adds, “the sloped ridged area was difficult to discern with the name eye.”
Incredibly, if true, the lawsuit states that the HOA knew there was a problem yet did nothing to mark the area to warn walkers. “Prior to the fall,” states the suit, “VALENCIA HOA inspected the sidewalk and obtained repair estimates for the sidewalk. Unfortunately, although a fix was in the works, the Valencia HOA did not take action to repair the sidewalk soon enough, neither did they warn Kreisberg of the dangers within the sidewalk which were apparent to the Valencia HOA after their diligent inspection but not apparent to Kreisberg.”
The Valencia HOA is now accused of, “Allowing its sidewalk to contain an excessive slope in contravention to Florida Building Code and ASTM standards; failing to remove tripping hazards from the sidewalk, including protruding tree roots, which contributed to Kreisberg’s fall; failing to close portions of the sidewalk that contained tripping hazards; failing to warn Kreisberg of unsafe areas of the sidewalk.
Kreisberg, according to the suit, was critically injured in her fall, sustaining a severely fractured knee which required surgery.
Kreisberg is represented by Attorney Seth Green at the Law Offices of Aronberg, Aronberg and Green in Delray Beach.
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